Legal Opinion

Richard D. And Mabel C. Burden, Cross-Appellees v. Evansville Materials, Inc., Cross-Appellant

Court of Appeals for the Sixth Circuit

Decided February 25, 1988No. 86-5327, 86-5388PublishedCited by 23 opinions

1Opinion of the Court

DAVID A. NELSON, Circuit Judge.

Richard D. Burden, a deckhand on an Ohio River tugboat, hurt his back while moving coils of wire cable from the tug to an adjacent barge. Mr. Burden and his wife sued the tugboat owner for damages under the Jones Act, 46 U.S.C. § 688, and general maritime law.

The district court, sitting without a jury, determined that Mr. Burden’s injury was a proximate result of unseaworthiness and of negligence on the part of the defendant. The court further found that 80% of the plaintiffs’ damages were attributable to contributory negligence on the part of Mr. Burden. The…

2Cases cited6 opinions

  1. Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
  2. Margaret O'Shea v. Riverway Towing CompanyCourt of Appeals for the Seventh Circuit · 1982
  3. Timothy L. Hall v. American Steamship CompanyCourt of Appeals for the Sixth Circuit · 1982
  4. American President Lines, Ltd., a Corporation, and Cross-Appellee v. E. B. Welch, and Cross-AppellantCourt of Appeals for the Ninth Circuit · 1967
  5. Michael Tolar v. Kinsman Marine Transit CompanyCourt of Appeals for the Sixth Circuit · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Eric Wilson v. Maritime Overseas Corporation and Cambridge Tankers, Inc.Court of Appeals for the First Circuit · 1998
  2. John Simeonoff v. Todd Hiner and Clare Hiner,in Personam and the F/v Saga, OpinionCourt of Appeals for the Ninth Circuit · 2001
  3. Glenda Churchwell v. Bluegrass Marine, Inc., Marquette Transportation Co., Inc., and Motor Vessel Marie HendrickCourt of Appeals for the Sixth Circuit · 2006
  4. Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D., Donald Alholm v. American Steamship Company the Duluth Clinic, Ltd., a Minnesota Corporation Robert Francis Donley, M.D.Court of Appeals for the Eighth Circuit · 1998
  5. G & J Investments v. Zell (In Re Zell)United States Bankruptcy Court, S.D. Ohio · 1989

18 more not listed; retrieve them via the Exa API.

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